Case Note & Summary
The High Court of Judicature of Bombay at Aurangabad dismissed Criminal Appeal No. 359 of 2023, affirming the conviction and life sentence of Vijay Kishan Dhillod for the murder of his mother-in-law under Section 302 of the Indian Penal Code. The case arose from marital discord. The appellant was married to the informant, Jyoti (PW-1), in 2005, and they had six children. He habitually doubted her chastity and physically abused her, forcing her to leave the matrimonial home and reside with her mother, Sakhubai Kale (the deceased), at Jalna. The appellant repeatedly insisted that his wife and children return to Aurangabad, but both she and her mother opposed. Two to three days before the incident, the appellant visited Jalna and again demanded cohabitation, which was resisted by the deceased. On 22 November 2021, the informant went to work at a brick kiln, leaving her children with her mother, who worked as a watchman. She returned at 6:30 p.m. to find her children crying outside and her mother dead in a pool of blood. A neighbour, Raju Jadhav (PW-3), had witnessed the appellant striking the deceased on the head with a stone around 6:15 p.m. The appellant then fled. An FIR was lodged, and investigation led to recovery of a blood-stained stone and the appellant’s blood-stained clothes, which were identified by him. The appellant also made extra-judicial confessions to Babulal Rathod (PW-6), Sangita Rathod (PW-7), and Vilas Jagtap (PW-8), admitting the murder. The medical evidence confirmed death due to head injury, and forensic reports matched the blood stains on the stone and clothes to the deceased’s blood. The Trial Court convicted the appellant and sentenced him to rigorous imprisonment for life. On appeal, the High Court considered whether the conviction was sustainable. The Court examined the eye-witness testimony of Raju Jadhav, the chain of extra-judicial confessions, the recovery of the weapon and blood-stained clothing at the instance of the appellant, and the corroborating medical and forensic evidence. It held that the eye-witness account was reliable, the extra-judicial confessions were voluntary and credible, and the recovery provided strong corroboration. The Court ruled that the prosecution had proved the appellant’s guilt beyond reasonable doubt. Consequently, the appeal was dismissed, and the life imprisonment with a fine of Rs. 5,000/- was affirmed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eye-witness account and extra-judicial confession - Testimony of Raju Jadhav (PW-3) who saw the appellant hitting the deceased on the head with a stone, and extra-judicial confessions to Babulal Rathod (PW-6), Sangita Rathod (PW-7), and Vilas Jagtap (PW-8) were found credible and corroborated by medical and forensic evidence - Held that the conviction is justified (Paras 1-3). B) Evidence Law - Extra-judicial Confession - Admissibility and reliability - Confession made to three independent witnesses shortly after the incident, with no evidence of coercion or tutoring, can form the basis of conviction if found voluntary and consistent - Held that extra-judicial confession of the appellant was reliable and supported the prosecution case (Paras 1-3). C) Criminal Law - Motive - Relevance in murder cases - Appellant suspected his wife's chastity and opposed her living with the deceased mother-in-law, who resisted efforts to take the wife and children away - Motive, though not essential, strengthens the prosecution case - Held that motive was established and provided context for the murderous assault (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on evidence of eye-witness, extra-judicial confession, recovery of weapon, and medical evidence is sustainable.
Final Decision
The High Court dismissed the appeal and confirmed the conviction and sentence of rigorous imprisonment for life under Section 302 IPC, along with fine of Rs. 5,000/- i/d rigorous imprisonment for three months.
Law Points
- conviction based on eye-witness account
- extra-judicial confession
- recovery of weapon
- motive
- medical evidence
- circumstantial evidence
- burden of proof in criminal appeals
- sentencing under Section 302 IPC
